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“We Can’t Release Zakzaky” DSS Tells Court
The FG said Zakzaky was taken into custody following intelligence report that he was going to be attacked and killed.
Responding to a N2 billion fundamental human rights enforcement suit filed by Zakzaky through his lawyer, Femi Falana, SAN, the FG explained that Zakzaky’s detention was a proactive measure to forestall a similar incident that made the Boko Haram sect turn violent in 2009.
FG say it believes that if the applicant (Zakzaky), who is the leader of one of the largest Islamic groups in the country, was allowed to be killed as contained in the intelligence report, the country may again be plunged into another Boko Haram-like crisis.
In a 13-paragraphed counter affidavit deposed to by Ayodeji Ibitoye, an operative in the legal services department of the DSS, the FG said Zakzaky was evacuated to the medical facility of the service where he is being attended to by the best doctors and his treatment has gulped millions of naira at the expense of the state. The affidavit has it that members of the Nigeria Supeme Council for Islamic Affairs, NSCIA, had been to visit him.
Joined as respondents in the suit were the Attorney General of the Federation and Minister of Justice, Abubakar Malami, the DSS and the Nigerian Police Force.
Zakzaky is asking the court to enforce his fundamental human rights to life, personal liberty, dignity of human person, right to private and family life and private property.
Counsel to the applicant, Falana, is contending that the continued detention of his client without being charged before a competent court is a violation of his fundamental human rights as enshrined in the Nigerian constitution.
Justice Kolawole fixed July 23 for hearing of the substantive suit.
It would be recalled that Zakzaky was arrested and detained following a violent clash between his followers and the Nigerian Army on December 14, 2015, resulting in the loss of lives of many members of the Shi’ite sect.